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HomeMy WebLinkAbout022971 ORD - 06/24/1997AN ORDINANCE AMENDING THE PLATTING ORDINANCE BY PROVIDING THAT THE CITY MAY POSTPONE HALF STREET CONSTRUCTION UNTIL SUCH TIME AS FULL STREET CONSTRUCTION IS NECESSARY BY REQUIRING THAT ANY OWNER OF ANY TRACT OF LAND WHO DIVIDES THE SAME INTO TWO OR MORE PARTS BY PLATTING MUST PAY CASH IN LIEU OF CONSTRUCTING HALF STREET IMPROVEMENTS AND/OR RELATED INFRASTRUCTURE IMPROVEMENTS BEFORE FINAL PLAT RECORDATION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to the Platting Ordinance of the City of Corpus Christi; WHEREAS, in accordance with proper notice to the public, a public hearing was held on Wednesday, June 11, 1997, during a meeting of the Planning Commission and on Tuesday, June 17, 1997, during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested persons to appear and be heard; and WHEREAS, the City Council has determined that the hereinafter set forth amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Platting Ordinance of the City of Corpus Christi, Texas, is amended by making the changes hereinafter set out. SECTION 2. That the Platting Ordinance, Section III - Procedures, Paragraph H, Subparagraph 5 is amended to read as follows: 5. Upon approval of a final plat, the applicant shall acknowledge all required improvements as specified by this ordinance and found applicable by the Planning Commission. The Director of Engineering Services/City Engineer shall not endorse the final plat until seventy-five percent (75%) of the required improvements are in place, and in compliance with Section V, Paragraph A, Subparagraph 3.) or until security for the construction of the improvements has been provided in compliance with Section V, Paragraph A, Subparagraph 3.12) or until payment in lieu of the construction of a half street or payment for the half street and related infrastructure improvements has been received in accordance with Section IV. Paragraph A Subparagraph 12. The Chairman and the Secretary of the Planning Commission are authorized to endorse such final plat as approved and allow said plat to be recorded with the County Clerk of the appropriate county jurisdiction. All required fees shall be paid prior to recordation. 97NH2840.213 / 6-19-97 .) 0.) :17 -r MICROFILMED 2 SECTION 3. That the Platting Ordinance, Section IV - Design Standards, Paragraph A, Subparagraph 12 is amended as follows: 12. Half streets shall be prohibited. 14) The Planning Commission may approve a plat containing half streets , cxecpt where the Planning Commission finds that it is essential to the reasonable development of the subdivision, lot, or lots in conformity with the other requirements of these regulations, that it is necessary for a reasonable and orderly street system and that it • • _' . '. will be practicable to require the dedication of the other half when the adjoining property is platted. (b) Half streets and related infrastructure, including but not limited to. water. and sanitary sewer and stormwater drainage infrastructure shall at a minimum, contain two travel lanes and be constructed in accordance with the construction standards contained in this ordinance. The Director of Engineering/City Engineer, in his sole discretion, may submit an application requesting the Planning Commission to require cash in lieu of construction for a half street or for cash in lieu of construction of a half street and either or both of its related water and sanitary sewer infrastructure improvements. Upon application by the Director of Engineering/City Engineer. the Planning Commission may approve a plat containing half streets and require cash in lieu of construction of a half street or cash in lieu of construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements provided that the following conditions are met prior to recordation: (I) The subdivider must deposit with the City, for deposit into the Infrastructure Trust Fund. cash monies in lieu of construction of a half street or construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements for future construction of the improvements. (2) The City must deposit money in the Infrastructure Trust Fund for its participation in the construction of a half street or construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements in accordance with the street participation policy contained in Section V.B.I.(b), water reimbursement policies contained in Section V.B.S. and sanitary sewer reimbursement policies contained in Section V.B.6.; (3.) 97N112840213 / 6-19-97 The deposit of the City. if any, and the deposit of the subdivider shall be in an amount as determined by the City Council Dircctor of Eng-ine.,1i115 and shall be posted to the Infrastructure Trust Fund prior to the Director of Engineering Services/City Engineer his signing of the plat (4) 3 (4) The subdivider has provided operable water and sewer service as approved in the plat for each lot in the subdivision without the construction of a half street and either or both of its related water and sanitary sewer infrastructure improvements. (5) (6) (1) ($) Every lot on such plat shall have reasonable access to an existing public or private street which meets the full requirements of the Platting Ordinance. The half street is an arterial street or a collector street as depicted in the Transportation Plan. an element of the Comprehensive Plan of the City of Corpus Christi All other subdivision requirements. park dedications. park deferment greements. maintenance agreements. or special covenants have been completed. The plat shall indicate that cash in lieu of construction of a half street or cash in lieu of construction of both a half street and either or both of its related water and sanitary sewer infrastructure improvements have been deposited with the City. Whenever the Planning Commission has approved a plat containing a half street. the following provisions apply to the construction. developer reimbursement. and payment for the half street. (1) The City Council shall determine the amount of monies to be paid as cash in lieu of construction of the half street prior to the payment in lieu of construction for the half street or both of the half street and either or both of its related water and sanitary sewer infrastructure improvements, if any. The developer paying cash in lieu of construction must provide all cost supporting documentation to the Director of Engineering Services/City Engineer. The Director of Engineering Services/City Engineer shall recommend the amounts to be placed in the Infrastructure Trust Account by the City. if anv, and the developer. Such recommendation shall include the cost supporting documentation provided by the developer. all cost supporting documentation supportine the City's recommended payment amount andif the Director of Engineering Services/City Engineer's recommendation is different than developer's, any documentation required to su. ,ort hi recommendation regarding the developer payment. (2) If the cash in lieu of construction proves inadequate to complete the street improvements. the City shall pay the additional cost of the improvements at the time of construction of the remaining half street. 97N112840.213 / 6-19-97 (3) (4) (5) 4 If the cash in lieu of construction is more than is required to complete the street and improvements. the remaining funds will be returned to the fund account from which the funds were originally allocated by the City. provided that if a contributing fund has been closed, then such funds will be transferred to the General Fund. Construction of the full street will be a requirement for plat recordation by that adjoining affected property which completes the planned collector or arterial through connection. The developer constructing the full street must submit an application for reimbursement. including all cost supporting documentation, to the Director of Engineering Services/City Engineer prior to the construction of the half street or construction both of the half street and either or both of its related water and sanitary sewer infrastructure improvements. if any. Such application for reimbursement is approved by the City Council. (e) An interest bearing "Infrastructure Trust Fund" will be established to accomplish the provisions of this subsection. A separate subaccount will be established and maintained for each half street. When the developer constructing the street has been reimbursed and any excess monies. if any, have been returned to their respective accounts, the subaccount will be closed. (f) Wherever a half street has been already been provided adjacent to a tract to be platted, the other remaining half of the street shall be platted within such tract, in accordance with Section VI, A, of this ordinance. (Ordinance No. 17383, 12/08/82). SECTION 4. That the Platting Ordinance, Section V - Required Improvements, Paragraph A, Subparagraph 3 is amended by adding a new subparagraph 3. c) as follows: 3. That the Director of Engineering Services/City Engineer be given discretionary authority to approve plats of subdivisions prior to the completion of the improvements as required by the Platting Ordinance (the "required public improvements") under the following conditions: (a) The Director of Engineering Services/City Engineer finds, within his sole discretion, that seventy-five percent (75%) of the required public improvements for water, sewer, streets, and drainage as set forth on plans previously approved by the Director of Engineering Services/City Engineer has been completed and provided that: (1) The developer submit to the Director of Engineering Services/City Engineer a sworn affidavit requesting approval of the plat by the Director of Engineering Services/City Engineer and agreeing to complete the required public improvements in accordance with such plans to the satisfaction of the Director of Engineering Services/City Engineer prior to any occupancy of 97NH2840.213 / 6-19-97 5 any building within the subdivision, and agreeing that temporary utility service prior to completion of the improvements may be terminated by the City with 24-hour notice if required public improvements are not completed within ninety (90) days of recording the plat or replat; (2) The remaining construction of the required public improvements shall not hinder or impede building construction or the issuance of required permits within the subdivision; and (3) That all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed. (b) Upon written application by the subdivider and receipt of such application and findings from the Planning Commission, the City Council may determine there exists reasonable cause to delay the 75% requirement; provided that: (1) The subdivider has posted a cash bond or equally liquid negotiable security with the City for the construction of the improvements to ensure completion of the project. The security shall be in the amount of 110% of the cost of the project as estimated by the Director of Engineering Services/City Engineer; shall be in a form and pursuant to an agreement approved by the City Attorney and the Finance Director; and shall be posted prior to the recording of the plat; (2) The subdivider has provided operable water and sewer service as approved in the plat for each lot in the subdivision; and (3) 97NH2840.213 / 6-19-97 For all property the subdivider has executed an agreement with the City that provides the following: (i) That the subdivider shall construct the improvements in accordance with the engineering standards in effect at the time of construction; (ii) That all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, or special covenants have been completed; (ii) That the security and interest shall be applied to the construction of the required improvements and that any remaining funds shall be returned to the subdivider upon completion of the improvements; (iv) That if the security and interest prove inadequate to complete the improvements that subdivider shall reimburse the City for the 6 additional cost of the improvements; (v) That the improvements must be fully completed within a maximum of five years or a lesser time as determined by the Planning Commission; (vi) That an increase in security may be required on an annual basis if the Director of Engineering/City Engineer determines that the present principal and interest are not equal to 110% of the estimated construction costs; (vii) That the City may accelerate payment or performance or require additional collateral when the City deems itself insecure as to the prospect of payment or performance. (viii) That the subdivider shall construct the required improvements and that such covenant shall be included in the agreement as a covenant running with the land; and (ix) That the subdivider, at subdivider's expense, shall file of record such agreement in the records of the county in which the property is located. (c) The Director of Engineering Services/City Engineer shall may accept cash in Lieu of construction of a half street or cash in lieu of both a half street and either or both of its related water and sanitary sewer infrastructure improvements. if the Planning Commission has approved the plat containing the half street in accordance with Section IV.A.12.. and he may sign the plat if the requirements of Section IV.A.12. have been met and he finds. within his sole discretion. that seventy-five percent (75%) of the remaining required public improvements for water. sewer. streets. and drainage as set forth on plans previously approved by the Director of Engineering Services/City Engineer have has been completed. The half ,beet otar-h dfAle.,t and SS (d) Upon the application by a governmental entity to the Director of Engineering Services/City Engineer verifying that a construction contract has been awarded, which provides for construction of the required public improvements for water, sewer, streets, and drainage as set forth on plans previously approved by the Director of Engineering Services/City Engineer. (Ordinance No. 20649, 04/18/89). SECTION 5. That for a plat containing an arterial, collector, or residential half street previously approved by the Planning Commission, but for which construction of the half street or a half street and either or both of its related water and sanitary sewer infrastructure improvements 97NH2840.213 / 6-19-97 7 has not yet begun, the subdivider may be required to pay cash in lieu of construction upon application to the Planning Commission by the Director of Engineering/City Engineer, approval of cash in lieu of construction of a half street by the Planning Commission, and approval of the amount of money paid as cash in lieu of construction by the City Council. SECTION 6. That a violation of any provision of this Ordinance by any subdivider shall constitute a misdemeanor in accordance with Section XI - Penalties of the Platting Ordinance. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 97NH2840.213 / 6-19-97 8 That the foreg9ing ordinance was read for the first time and passed to its second reading on 19 q7 , by the following vote: this the P1 1 day of Loyd Neal Jaime Capelo Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales Tha of Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols foregoing ordinance w s read for the second time and passed finally on this the{ day . i / , 19 i7 , by the following vote: Loy s Neal Jaime Capelo Melody Cooper Alex L. Garcia, Jr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols PASSED AND APPROVED, this the AAday of ?h,,L,' , 1997. ATTEST: Armando Chapa, City `.cretary VkdatV, c MAYOR / THE CITY OF CORP CHRISTI APPROVED THIS 19TH DAY OF JUNE, 1997: JAMES R. BRAY, JR., CITY ATTORNEY By: 97NH2840.2I3 / 6-19-97 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 1421483 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 022971 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on 30TH day(s) of JUNE, 1997. ONE (1) Time(s) $50.44 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 18TH day(s) of July. 1997. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.